§ 34-64. Powers of county.

(a)

The county shall have the power to, and all powers necessary and incidental to, accomplish the purpose of this article, including without limitation the power to:

(1)

Plan, design, acquire, construct, erect, improve, equip, operate, maintain, close and monitor one or more projects, from time to time, and issue bonds to finance the cost thereof.

(2)

Fix and collect rates for the use of the services and facilities furnished by any project and determine the selling prices for, charge such prices for and sell the products and any valuable byproducts by any project.

(3)

Acquire, by either purchase or the exercise of the power of eminent domain, such lands and rights and interests therein, including lands underwater and riparian rights, as it may deem necessary for any project.

(4)

Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this article, and employ such consulting engineers, financial advisors, accountants, attorneys, superintendents, managers and other employees and agents as may, in the judgment of the board, be deemed necessary to such performance and fix their compensation.

(5)

Receive and accept from the state or the United States or any agency of either loans and grants for and in aid of the planning, designing, construction, reconstruction, financing, refinancing or closing of any project, or monitoring of any closed project, and receive and accept loans or other aid or contributions, from any source, of money, property, labor or other things of value, to be held, used, and applied only for the purposes for which such grants and contributions may be made.

(6)

Establish one or more closure funds and provide for the funding thereof from any non-ad valorem funds, including without limitation assessments and/or the net revenues of any project which shall be available for such purpose after making provision for the payment of the debt service and reserve account requirements for any bonds issued to finance such project and contributions to any renewal and replacement fund established for such project or projects.

(7)

Enter into interlocal agreements with one or more municipalities located within the county and/or with one or more other counties of the state, for the purpose of providing solid waste disposal, recycling and/or resource recovery facilities jointly with or for sharing the use thereof with such municipality or county and providing for payment of all or any part of the cost thereof from the proceeds of bonds.

(8)

Levy and collect assessments in the manner provided by county ordinance or be permitted by general or special law, for any one or more of the following purposes:

a.

To pay the cost of any project;

b.

To pay the operating expenses for any project; and

c.

To pay the principal of, premium, if any, and interest on any bonds.

(9)

Provide by resolution, at one time or from time to time, for the issuance of bonds for the purpose of paying all or a part of the cost of any project or combination of projects or the cost of refunding any bonds or other outstanding obligations or payable from any revenues herein authorized to be pledged to the payment of the bonds. The principal of, premium, if any, and interest on bonds shall be payable from net revenues, assessments and/or non-ad valorem funds. The bonds of each issue shall be dated, shall bear interest at such rate, shall mature at such time not exceeding 40 years from their date, and have such other terms and provisions as may be determined by resolution of the board. The board shall determine the form of the bonds, the manner of executing the bonds, the denomination of the bonds and the place of payment of the principal of, premium, if any, and interest on the bonds, all or any of which may be payable at any bank or trust company within or without the state. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. The board may declare that any bonds shall have all the qualities and incidents of negotiable instruments under the Laws of Florida. The board may sell bonds in such manner, at such interest rate, and for such price, without limitation except as provided by general law, as it may determine to be in the best interest of the county. Prior to the preparation of definitive bonds, the board may, under like restrictions issue temporary bonds, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The board may also provide for the replacement of any bonds which shall become mutilated, or be destroyed or lost. The board may issue bond anticipation notes in the manner provided by general law. Bonds and bond anticipation notes may be issued without any other proceedings, or the happening of any other conditions or things, than those proceedings, conditions or things which are specifically required by this article.

(b)

In the event that the county shall have acquired or constructed a project and, to pay the cost of such acquisition or construction, shall have issued bonds, and in the further event that the county shall desire to construct additions, extensions, improvements or betterments to such project or to close such project or to acquire by purchase or to construct an additional project and to combine such additional project with the project theretofore purchased or constructed, and to refund such outstanding bonds, the county may provide for the issuance of a single issue of bonds under the provisions of this article for the combined purposes of refunding or acquiring such bonds then outstanding and of constructing such additions, extensions, improvements or betterments or closing such project or of acquiring by purchase or of construction such additional project. In the event that the county shall have acquired or constructed a project, and to pay the cost of such acquisition or construction shall have issued bonds, and in the further event that such cost shall have exceeded or be expected to exceed the proceeds of such bonds, the county may provide for the issuance of additional bonds to finance the cost of completing such project, subject only to the vested rights of holders of the outstanding bonds.

(Code 1988, § 18-53; Ord. No. 89-3, § 3)